Finding squatters in your property raises two questionsstraight away: do they have any right to be there, and what are you allowed todo about it?
The answer depends on the type of property. Squatting in ahouse or flat has been a crime in England and Wales since 2012. Squatting in ashop, office or warehouse, or on open land, is not, and a squatter who stayslong enough can, in rare cases, apply to become the owner.
What are squatters' rights?
Squatting means entering and living in a property or on landwithout the owner's permission. Our guide to howsquatting differs from trespassing covers the distinction.
No law is called "squatters' rights". The phraseusually refers to two things:
1. Protection against forced entry. Section 6 of theCriminal Law Act 1977 makes it an offence to use or threaten violence toget into a property when someone inside opposes entry. This applies to theowner too, which is why squatters put "Section 6" notices on doors.
2. Adverse possession. A squatter who occupies landor property for long enough, and acts as its owner, can apply to be registeredas the owner.
Is squatting illegal in the UK?
Squatting in residential property
Section 144 ofthe Legal Aid, Sentencing and Punishment of Offenders Act 2012 madesquatting in a residential building a criminal offence from 1 September 2012.The penalty is up to six months in prison, a £5,000 fine, or both.
Because it is a crime, the police can enter and arrestsquatters under section 17 of the Police and Criminal Evidence Act 1984, soreport squatters in a house or flat to the police first. Our blog on whetheryou need the police to evict squatters explains where police involvementstarts and stops.
Squatting in commercial and non-residential property
The 2012 offence covers residential buildings only, sosquatting in an empty shop, office, pub or warehouse, or on land, is not acrime in itself. According to GOV.UK'sguidance on squatting, it becomes a crime if squatters damage the property,and it is generally unlawful for them to refuse to leave when told to by theowner, police, council or someone with a repossession order. Otherwise, thepolice will usually treat it as a civil issue and leave removal to the owner.Our guide to removingsquatters from commercial property sets out the options.
Can squatters claim ownership of a property?
They can, through adverse possession, though successfulclaims are rare. The squatter must have occupied the property continuously,acted as its owner, and never had permission. The time needed depends onwhether the land is registered with HM Land Registry:
1. Registered land: a squatter can apply to beregistered as owner after 10 years' adverse possession, under Schedule 6 of theLand Registration Act 2002.
2. Unregistered land: the owner's right to recoverthe land ends after 12 years' adverse possession, under the Limitation Act1980.
For registered land, HM Land Registry will notify you of anapplication and give you 65 working days to respond. If you serve a counternotice, the squatter only succeeds if they meet one of three narrow conditions.If they fail, they can reapply after two more years, as long as they are stillthere and you have not started proceedings to remove them. HMLand Registry's practice guide on adverse possession has the full detail.
How to remove squatters lawfully
Whatever the property, never use or threaten force to getsquatters out, as Section 6 applies whoever owns the building. Our list of thingsto avoid when dealing with squatters covers the common mistakes.
Interim possession order (IPO)
If it has been 28 days or less since you found out aboutsquatters in a building, you can apply for an interimpossession order. Once served, squatters must leave within 24 hours andstay away for 12 months, or face prison. An IPO is not available if you arealso claiming for damage. Our guide on howlong an IPO lasts explains the process.
Claim for possession
After 28 days, or where you want to claim damages, you willneed a possession claim through the court. If squatters stay after the order ismade, county court bailiffs can enforce it, or it can be transferred to theHigh Court for a writ of possession.
Common law removal
For commercial property and land, certificated enforcementagents can often remove squatters under common law without a court order, wherethe situation is straightforward. It is usually the quickest route, though acourt order gives stronger protection if squatters are likely to return. Wecompare all three in our blog on IPOs,court orders and common law evictions.
Frequently asked questions
Is squatting a criminal offence in England and Wales?
In residential buildings, yes. In commercial buildings andon land, squatting itself is not, though damage or refusing to leave can be.
How long does a squatter have to live in a property to claim it?
10 years for registered land and 12 years for unregisteredland, living there continuously as the owner and without permission.
Get squatters removed quickly and lawfully
Able Investigations have worked with landlords, propertymanagers, councils and solicitors since 1993. Our certificated enforcementagents cover England and Wales around the clock, wear body-worn cameras, andwill advise on the right route before anyone attends.
Call us 24/7 on 0345 366 0000 or use our enquiry form for a free,no-commitment consultation. You can also read more about our enforcementservices and how to stopsquatters staying in your commercial property.
Originally posted 2015, Updated 2026
